Page No.# 1/5 GAHC010136012025 2025:GAU-AS:10912-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3506/2025 SMTI. SABERA BEGUM WIFE OF LATE ABBAS ALI, RESIDENT OF KATABARI, P.S. GORCHUK, DIST. KAMRUP (M), ASSAM. VERSUS THE UNION OF INDIA AND ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, SHASTRI BHAWAN, NEW DELHI-1. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6. 3:THE DISTRICT COMMISSIONER KAMRUP (M) P.O. HENGRABARI DISTRICT- KAMRUP (M) ASSAM GUWAHATI-36. 4:THE DEPUTY COMMISSIONER OF POLICE (B) KAMRUP(M) GUWAHATI CITY DIST. KAMRUP (M) ASSAM. 5:THE ELECTION COMMISSION OF INDIA NEW DELHI Page No.# 2/5 TO BE REPRESENTED BY CHIEF ELECTION COMMISSIONER OF INDIA NEW DELHI-1. 6:THE STATE COORDINATOR OF NATIONAL REGISTRATION ASSAM BHANGAGARH LACHIT NAGAR GUWAHATI-5 Advocate for the Petitioner : MR. N HAQUE, MR M HUSSAIN,MR. A K AZAD,MR. S R BARBHUIYA Advocate for the Respondent : GA, ASSAM, DY.S.G.I.,SC, ECI,SC, NRC,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 14.08.2025 (K.R. Surana, J) Heard Mr. P.K. Roychoudhury, learned counsel for the petitioner. Also heard Ms. R. Devi, learned CGC; Mr. G. Sarma, learned standing counsel for the FT matters and NRC; Mr. H. Kuli, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; and Mr. H.K. Hazarika, learned Govt. Advocate for the State. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the order dated 10.06.2025, passed by the learned Member, Foreigners’ Tribunal No. 4th, Kamrup (M), Guwahati, in F.T. D.V.K. Case No. 7/2024, arising out of F.T. Case No.5600/98, thereby rejecting a Page No.# 3/5 petition filed by the petitioner under Order XIV Rule 2 of the CPC for framing preliminary issue of the jurisdiction of the Tribunal to proceed against the petitioner on the ground that there was no enquiry by the local verification officer in respect of the petitioner. 3. In this writ petition, a statement has been made to the effect that the notice of the proceedings was hanged in a wall of a shop, which is situated some distance away from the house of the petitioner and the petitioner came to know about the said notice on 05.01.2025. However, by then an ex parte opinion dated 30.12.2024, was already passed against the petitioner. It is stated that thereafter, the petitioner had submitted a petition for setting aside the ex parte opinion, which was set aside and the matter was fixed for filing of written statement. At that stage, the application under Order XIV Rule 2 of the CPC was filed. 4. Pursuant to the projection made in this writ petition, this Court by an order dated 25.06.2025, had directed the Deputy Commissioner of Police (Border), Kamrup (M), Guwahati to conduct an enquiry as to whether the suspected proceedee, namely Sahera Begam, wife of Amir Ali (Annexure- 20, page 54 of the writ petition) and the petitioner, namely, Sabera Begam, wife of Abbas Ali, whose electoral photo identity card is at Annexure- 16, page 48 of the writ petition are the same person. 5. The learned standing counsel for the FT and Border matters has produced a copy of a letter under memo dated 23.07.2025, issued by the Deputy Commissioner of Police (Border), Kamrup (M), Guwahati. The relevant portion of the said instructions is reproduced below: “From the above facts and after verifying all the collected documents and after consulting the relatives it is found that the petitioner namely Sabera Begum, w/o- Page No.# 4/5 Late Abbas Ali has been residing in the said address since 1993 and is now a permanent inhabitant of the said address. Further, it is pertinent to mention that the name of husband of the petitioner is Abbas Ali and not Amir Ali. Hence, it is learnt that the petitioner and Sabera Begum, w/o- Late Abbas Ali of village- Katahbari, PS- Gorchuk, Guwahati, Assam as mentioned in the Electoral Registration Officer report vide Annexure-21 is the same person. But, Sahera Begum, w/o- Amir Ali of village- Katahbari, PS- Gorchuk as mentioned in the LVO report vide Annexure-20 is not the petitioner.” 6. Under such circumstances, as the competent authority, on examination of materials available and produced before it, has arrived at the conclusion that Sabera Begum, wife of Abbas Ali of village- Katahbari, PS- Gorchuk, Guwahati, Assam, is not the person against whom the LVO (i.e. Local Verification Officer) had made enquiry, the petitioner has been able to make out a case for interference with the order dated 10.06.2025 passed by the learned Member, Foreigners Tribunal No. 4th, Kamrup (M), Guwahati, in F.T. D.V.K. Case No. 7/2024. 7. In view of the dispute with regard to the identity of the person against whom the reference was made and person against whom the LVO has made an enquiry, the Court is inclined to allow the prayer made in this writ petition. Resultantly, the impugned order dated 10.06.2025, passed by the learned Member Foreigners Tribunal No. 4th, Kamrup (M), Guwahati, in F.T. D.V.K. Case No. 7/2024 is set aside and restored the petition No. 46/2025, arising out of Application No. 66/2025 to the file of the learned Member, Foreigners’ Tribunal No. 4th, Kamrup (M), Guwahati for a fresh consideration. 8. The learned counsel for the petitioner has submitted that the next date of the proceedings is fixed on 19.08.2025. On the said date, the petitioner, by producing the certified copy of this order before the said learned Tribunal, Page No.# 5/5 shall await further instructions/ orders from the said learned Tribunal. 9. This writ petition stands disposed of to the extent as indicated above. JUDGE JUDGE Comparing Assistant